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Tennessee Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Municipal Law for Tennessee on
Q: What are the penalties / punishments / consequences for failure to report a dead body?

I understand that it is called a Class A Misdemeanor. What does that mean?

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answered on Apr 13, 2024

The specific penalties for failing to report a dead body vary by jurisdiction, but in general, a Class A misdemeanor is one of the more serious types of misdemeanors. Here is some general information about Class A misdemeanors and the typical consequences:

- Class A misdemeanors are...
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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

Anthony M. Avery
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answered on Apr 5, 2024

It was probably a lawful Forfeiture, as long as a Forfeiture Warrant is issued. DOS will then be involved on the car. If the car is being investigated as a criminal tool, then it is only the Court system involved, and you might get it back upon motion to the Court handling the charges.

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2 Answers | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Is it lawful for police to seize a car in which the driver was not in possession of drugs but the passenger was and the

Car did not belong to driver either

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answered on Apr 5, 2024

The lawfulness of a police seizure of a vehicle in this scenario would depend on the specific circumstances and the applicable laws in the jurisdiction where the incident occurred. In general, under the legal doctrine known as "civil asset forfeiture," law enforcement can seize property,... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get a judge to issue an order to let an investigator look at a car in impound?

The investigator has been denied access to the car multiple times by the local sheriff's department.

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answered on Apr 2, 2024

If there is a criminal charge then you get an order from the Judge to allow inspection, compelling discovery. If still at Sessions Court, it could be a problem as Discovery is not a procedural right. Usually this would occur at Criminal Court after the Indictment is returned. Is there a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was arrested for a first time public intoxication I spent 4 hrs in jail and was a $100 fine can I have it expunged?

I have had no previous record before

Carla Grebert
Carla Grebert
answered on Apr 1, 2024

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no...
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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: I am convicted of 2 felony is it possible for me to get the right to use a gun to hunt?

One felony aid assault 6 years ago and the circumstance was I was in an argument with my girlfriend she asked me to leave and I tried to get in the car and go she kept yelling and after I backed up she jumped on the hood , I drove off she fell off and was injured. I was not the aggressor, the... View More

James L. Arrasmith
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answered on Mar 19, 2024

In the United States, particularly in Tennessee, felony convictions generally restrict an individual's right to possess firearms. However, there are paths to potentially restoring these rights, though they can be complex and vary by state. In your case, specific factors of your past... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: What do I do if I have been going to court for almost two years on a charge I got in 2022 I have asked for speedy trial

I have asked for fast an speedy trial several times since the day I was arrested

James L. Arrasmith
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answered on Mar 14, 2024

If you have been going to court for almost two years on a charge from 2022 and have requested a speedy trial multiple times, here are some steps you can consider:

1. Consult with your attorney: Discuss your concerns about the delay in your trial with your lawyer. They can advise you on the...
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2 Answers | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: My ex was arrested for domestic assault and called me from jail for 2 days after judge gave order of protection.

She was charged with violating said order by calling me from jail. What is the punishment for this.

Anthony M. Avery
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answered on Mar 12, 2024

Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

James L. Arrasmith
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answered on Mar 11, 2024

In a situation like this, there are several factors to consider regarding your father's assets and your potential rights to them. Here are some steps you can take to gather more information:

1. Contact the county assessor's office: You can reach out to the Claiborne County...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law, Civil Rights and Criminal Law for Tennessee on
Q: My dad at 65, on 1/25/23 has $1,000,000 secured bond with a conditional release order. Wat happens to 130acers he owns?

We are not in contact, though I am his daughter. Last I knew he owned 130 acres and possibly some other properties. He’s Not married, me and my sister only kin .been in jail for over a year now, they won’t give me much info. Still No date to be sentenced, all I know is, it’s gonna be a grand... View More

Anthony M. Avery
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answered on Mar 11, 2024

Since it is a secured high bail, he may have made a property bond hypothecating the 130 acres. If so, the Clerk will foreclose the Deed of Trust if he breaches Bond Conditions. He should have an attorney that you can ask for sure, or search his title in Claiborne County. After conclusion of... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What does an assault with bodily injury charge

My friend we to the neighbor's house to retrieve some clothes that belong to her cousin they started arguing any yelling so I went down there when I walked in she coming to me and swung a bat and I threw my arm up and blocked it and then I defended myself but then I went home and then called... View More

Anthony M. Avery
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answered on Mar 6, 2024

That will probably be a Class C Felony charge for Aggravated Assault. You need to hire an attorney to represent you and possibly lower the Bond if possible. In any event, be ready to make Bond prior to your arrest. Then you need to get ready for a Preliminary Hearing. Do not talk about... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for d

A person was sentenced to 180 days supervised probation 30 days at 75 percent incarceration for driving on revoked for Previous dui and has been released but has a hold from a different county for vop 40-35-311 charge. 900 dollars of 1250 have been paid in fines to that county what is possible... View More

Anthony M. Avery
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answered on Mar 4, 2024

The County Sentence with the VOP is what you need to be concerned with. He might have to serve time there for the remaining Sentence or he might get more time to pay in full. He can ask to have jail time counted, but it is not mandatory for the other charging County to give jail credit.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

James L. Arrasmith
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answered on Feb 28, 2024

Yes, a felon can still be charged with possessing a firearm, even if their intention was to turn it in. The possession of a firearm by a felon is generally illegal, regardless of the circumstances. The fact that the gun was found and intended for turning in may be considered as a mitigating factor... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

Anthony M. Avery
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answered on Feb 28, 2024

Metal part with serial number is the firearm. Inability to operate is irrelevant. Felon knew he should not touch it. Hire a competent attorney; work at least full time; keep quiet (this is a public forum); stay out of trouble; and hire an attorney. There are other lesser charges... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights, Internet Law and Libel & Slander for Tennessee on
Q: My soon to be exwife is a tiktok influencer and is inciting her followers to bully and possibly harm me. What can i do?

I live in TN she lives in KY. She has posted several videos of fights between us that she instigated and recorded for clout and now I am being threatened with being hurt and "made to disappear". She's ruined my life stole my money and now is trying to get me hurt I don't know what else to do

James L. Arrasmith
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answered on Feb 25, 2024

It's alarming that your soon-to-be ex-wife is using her platform to incite bullying and potential harm towards you. Your safety is paramount, and it's essential to take immediate action to address this situation. Begin by documenting all instances of threats or harmful behavior, including... View More

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: Polygamous marriage in USA

I met a man and he’s married.His wife initiated poly marriage. The problem is we live in USA. Can he marry me in another country and then come back to USA or not?

James L. Arrasmith
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answered on Feb 24, 2024

In the United States, polygamy is illegal under federal law and the laws of all 50 states. This means that a person cannot be legally married to more than one person at the same time within the U.S. If a marriage takes place in another country where polygamy is legal, the U.S. will not recognize... View More

1 Answer | Asked in Criminal Law for Tennessee on
Q: My friend was caught shoplifting at Target. He had two separate instances in one day. He left the store, went to my car

and hung out for a bit and then decided to go back in. He got caught on his second trip, can they combine the two separate instances?? And the police officers took the keys from him, gave them to a Target employee, not a cop, not an off duty officer and let him go look through the car unsupervised... View More

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answered on Feb 23, 2024

In Tennessee, if your friend was caught shoplifting at Target and committed two separate instances of theft in one day, the authorities can combine the two incidents into one case, especially if they occurred in a short timeframe and involve the same location. The legal process may consider both... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

James L. Arrasmith
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answered on Feb 24, 2024

While challenging the validity of the traffic stop and the use of Quantum Language Parse Syntax Grammar may be possible avenues for defense, success in having your case thrown out depends on various factors, including the evidence presented and the arguments made in court. Challenging jurisdiction... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

Anthony M. Avery
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answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be charged for something that was done in my name but I have identity theft all over everything because my identit

Was stolen my grandma said the bank said 200 bucks was issued in my name on a card I don't own anymore

Anthony M. Avery
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answered on Feb 23, 2024

Apparently you have not been charged yet. So keep quiet, do not admit to anything, and do not post anything else about this on a public forum. If charged, hire an attorney to represent you. It is hard to prove you did nothing, especially when it is your name being used. Yes, charges can... View More

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